Biden’s Executive Actions on Immigration: Sweeping Changes to Border Policies
In a significant move, President Joe Biden issued a Presidential Proclamation in June 2024, aimed at temporarily suspending the entry of certain noncitizens across the Southern border, including the southwest land and southern coastal borders. Accompanied by a joint interim final rule (IFR) from the Department of Homeland Security (DHS) and the Department of Justice (DOJ), these executive actions have triggered a spectrum of responses and debates. The administration touts these measures as essential for curbing illegal immigration, while critics argue they infringe on asylum seekers’ rights.
Impact on Border Encounters and Asylum Claims
Since the introduction of the proclamation and IFR, the number of encounters at the Southwest Border has plummeted by more than 50 percent. The Border Patrol’s 7-day average has steeply declined to below 1,900 encounters per day. This drop is significant, but it comes with stringent new asylum restrictions. Under the new policy, migrants who cross the southern border between legal entry points are disqualified from seeking asylum, thus reconfiguring existing U.S. asylum law. This has led to a notable decrease in asylum claims, as migrants are now subjected to rapid deportation processes if they cross the border without authorization.
The impact on deportation statistics further underscores the administration’s strict approach. Deportation rates as a proportion of border encounters have more than doubled. Currently, there are 62 repatriations for every 100 border encounters, compared to 26 previously. Moreover, DHS has executed over 50,000 removals and returns to more than 100 countries, facilitated by over 175 international repatriation flights. The percentage of noncitizens processed through Expedited Removal has doubled, reflecting a sharply increased pace in removal proceedings.
Reduction in Release and Expansion of Legal Pathways
Another major consequence of Biden’s policies has been the 70 percent reduction in the number of individuals released pending their removal proceedings. This represents a significant shift towards a more rigorous border enforcement regime. While the administration has tightened entry conditions, it has also sought to provide lawful immigration pathways. For instance, U.S. Customs and Border Protection (CBP) makes 1,450 appointments available each day at eight land ports of entry through the CBP One mobile app. This initiative aims to facilitate orderly and lawful entry into the United States, offering a regulated avenue for migrants.
However, these measures have not gone unchallenged. Humanitarian groups and civil rights organizations have criticized the policy for allegedly defying U.S. laws that mandate the allowance of asylum claims regardless of entry methods. They argue that denying migrants the right to seek asylum without due process is a violation of international human rights principles. Legal battles are currently underway, questioning the legality and morality of these executive actions.
In summary, President Biden’s recent executive actions on immigration have profoundly reshaped U.S. border policies. While the administration boasts a marked decrease in illegal border encounters and increased enforcement efficiency, the rigid asylum restrictions and high deportation rates continue to stir controversy. As legal challenges unfold, the true impact of these measures on the nation’s immigration framework remains to be seen.